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Author Topic: UNBAN(?)  (Read 5849 times)
darcwolf
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« Reply #20 on: June 03, 2007, 04:40:42 PM »

Quote from: rossmac18
You cannot indiscriminately choose to unban someone and not another.

Says who? I agree this story sounds like BS, but so does your post. XBL is a priveledge, not a right. They can ban or unban whoever they would like - and there really isnt anything you or anyone else can do about it.

WOW, are you living in a communist country? Im pretty sure that if I PAY for something it IS a right and no longer a privilage.

And by the way in no way am I complaining about the ban, I knew that risks when I did this. But I wish Microsoft just wouldn't out right ban a system, why can't they just disconnect you from xbox live if playing a back up and only let originals actually run?
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MrBill
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« Reply #21 on: June 03, 2007, 05:23:58 PM »

in that case, MS simply tells you to send in your 360 and will send you a replaced/reflashed system.

This is absolutely the way they would do it.  There is no way they would simply unban over the phone.  If an individual indeed claims he/she is falsely banned (and let's face it, false positives are a fact of life.  Nothing, and I mean nothing is ever 100%, not hacked fw, nothing), MS would have to provide a vehicle to right their wrong.

Cal

That is exactly what I was told when I called MS.  They said that I could send in my console for repair and it was determined that the console was still under warranty (i.e, case unopened) that they would send me a refurbished unit with no shipping charges.  If they determined that it was not under warranty, they would return it and bill my credit card for shipping.
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calvin940
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« Reply #22 on: June 03, 2007, 07:13:43 PM »

That is exactly what I was told when I called MS.  They said that I could send in my console for repair and it was determined that the console was still under warranty (i.e, case unopened) that they would send me a refurbished unit with no shipping charges.  If they determined that it was not under warranty, they would return it and bill my credit card for shipping.

Wow.. so they wouldn't even send you your original console and have it unbanned? That's a terrible offer. I wouldn't want to trade my perfectly good console (ie. no ROL, drive works perfectly etc) and settle for some refurb bull$#!t that you don't know the history on.  THat sucks ass.

Cal
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MrBill
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« Reply #23 on: June 03, 2007, 08:12:24 PM »

Wow.. so they wouldn't even send you your original console and have it unbanned? That's a terrible offer. I wouldn't want to trade my perfectly good console (ie. no ROL, drive works perfectly etc) and settle for some refurb bull$#!t that you don't know the history on.  THat sucks ass.

Cal

Well if your console was determined to have not been modified and under warranty, something inside of it still triggered the ban so they will send you a refurbished one to play it.  They are not going to be sending out brand new units to anyone from the service center.  I'm not sure that there are many electronics manufacturers that do (Corsair is the only one recently that I could say that did for me).
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Sili
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« Reply #24 on: June 04, 2007, 02:57:35 PM »

Yours is bigger BS.

In order to revoke your XBL "priviledge", they have to follow certain rules they have outlined for the service and regardless of those rules, if they don't have good reason there is a recourse.  If a situation existed where they were unbanning consoles for no apparent reason and they didn't unban mine (if it was banned), then there are grounds for you to get them to change your status back.  There are plenty of examples of companies that have treated customers unfairly (ipod batteries as an example) where at some point there is a critical mass of people who won't accept what a company is doing and then effect change.

The point is moot in this circumstance because I don't believe the person was unbanned anyhow.  It was likely just some other issue that was corrected.

Cal

If youre going to talk about the TOS, maybe you should read it


18. CHANGES TO THE SERVICE; OUR CANCELLATION OF THE SERVICE
We may change the Service or delete or discontinue features, games or other content at any time and for any reason. We may cancel or suspend your Service at any time. Our cancellation or suspension may be without cause and/or without notice. Upon Service cancellation, your right to use the Service stops right away. Once the Service is cancelled or suspended, any data you have stored on the Service may not be retrieved later. Our cancellation of the Service will not alter your obligation to pay all charges made to your Billing Account. If we cancel the Service in its entirety without cause, then we will refund to you, on a pro-rata basis the amount of your payment to Microsoft corresponding to the portion of your Service remaining right before such cancellation.
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calvin940
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« Reply #25 on: June 04, 2007, 03:32:07 PM »

If youre going to talk about the TOS, maybe you should read it


18. CHANGES TO THE SERVICE; OUR CANCELLATION OF THE SERVICE
We may change the Service or delete or discontinue features, games or other content at any time and for any reason. We may cancel or suspend your Service at any time. Our cancellation or suspension may be without cause and/or without notice. Upon Service cancellation, your right to use the Service stops right away. Once the Service is cancelled or suspended, any data you have stored on the Service may not be retrieved later. Our cancellation of the Service will not alter your obligation to pay all charges made to your Billing Account. If we cancel the Service in its entirety without cause, then we will refund to you, on a pro-rata basis the amount of your payment to Microsoft corresponding to the portion of your Service remaining right before such cancellation.

I am aware of these types of clauses in many contracts/TOS.  The fact of the matter is, companies put a lot of things in the agreements to attempt cover themselves, but in essence these don't absolve the company for everything/anything they may do.  There are plenty of real/recent examples of people signing documents waiving their own rights or "absolving" the company of responsibility in the things they may do, but become unenforceable if abused or executed indescriminately.  I am not even arguing about the banning because they have a legitamate test/process to determine who has infringed upon the TOS and are able to show how they determine the ban.  I am arguing about the "unbanning" which in this case (if true) was scientifically/technically baseless.

You cannot make a binding contract that allows a company to simply say "we can do whatever we want whenver we want" because there are greater issues at hand that override those things.  You're argument is semantics, but real life is different.

Cal
« Last Edit: June 04, 2007, 03:37:35 PM by calvin940 » Logged
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